Key Insight: Negative inference instruction warranted where six gigabytes of music were downloaded onto hard drive the night before the computer was to be turned over for inspection
Nature of Case: Manufacturer sued former employees and their new competing company for misappropriation of trade secrets
Electronic Data Involved: Hard drive
Key Insight: Plaintiff failed to comply with court order by making various misrepresentations about whether all original input files were produced and whether software program changed over time it was used; sanction in form of attorneys’ fees and costs warranted
Nature of Case: Construction litigation
Electronic Data Involved: Software program and input files used to make design calculations
Key Insight: Failure to preserve certain computer hard drives did not warrant sanctions where there was no reasonable possibility that the missing hard drives (which were obtained after protective order was issued) contained evidence of the theft of trade secret information
Nature of Case: Misappropriation of trade secrets and related torts
Electronic Data Involved: Computer hard drives
Key Insight: Sanctions in form of preliminary injunction preventing defendant from contacting MPCT clients granted, after defendant violated preservation order by deleting documents from laptop and defragmenting hard drive, thus preventing the recovery of deleted data
Nature of Case: Enforcement of non-competition agreement
Electronic Data Involved: Electronic documents stored on laptop
Key Insight: Defendant was negligent in failing to determine which computer tapes in tape library contained information relevant to imminent and ongoing litigation and in failing to communicate clear guidelines regarding preservation of information to data processing personnel and tape librarian; no adverse inference, but plaintiff could inform jury about destruction of tapes and impact on plaintiff’s proof
Nature of Case: Action under False Claims Act
Electronic Data Involved: Computer tapes
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